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SAN DIEGO (CNS) - Ex-NFL tight end Kellen Winslow II, convicted of rape and other felonies stemming from sexual offenses against five women, will not be sentenced to prison for at least a few months, but attorneys disagreed in court Thursday as to when the case should move forward given logistical issues concerning the COVID-19 pandemic.Winslow, 37, was convicted in June 2019 of forcible rape, misdemeanor indecent exposure and lewd conduct counts involving three women.The same jury deadlocked on other charges related to two other women, setting the stage for a second trial slated to begin last November, but Winslow pleaded guilty to rape and sexual battery counts connected to those victims on the day trial was set to begin.The son of former San Diego Chargers legend Kellen Winslow initially faced life in prison on the original charges, but currently faces between 12 and 18 years in state prison when he is ultimately sentenced.His case, like many others, has faced delays due to the pandemic, and his Thursday hearing was held over video-conference, which has become typical since the pandemic began.Defense attorney Gretchen Von Helms argued Thursday that Winslow was entitled to be physically present when sentencing arguments are made. She said that those hearings should not be set until early next year, when conditions may be more favorable for Winslow to appear in court.Deputy District Attorney Dan Owens argued for a possible November sentencing date, saying it was "speculative" to claim live hearings might not be available until next year. Owens said attorneys could reconvene later this fall and determine then whether an in-person hearing could be held.San Diego County Superior Court Judge Blaine Bowman, who oversaw the trial, set a status conference for Oct. 15.In his trial, a Vista jury convicted Winslow of raping a 58-year-old homeless woman -- Jane Doe 2 -- in May 2018, exposing himself later that month to Jane Doe 3, who was gardening in her front yard in Cardiff, and touching himself in front of a 77- year-old woman -- Jane Doe 5 -- at a Carlsbad gym in February of last year. The Carlsbad incident occurred after Winslow was arrested, charged and released on bail.That jury could not reach a consensus on whether Winslow raped a hitchhiker in 2018 -- Jane Doe 1 -- or a 17-year-old girl -- Jane Doe 4 -- at a Scripps Ranch house party in 2003, leading to the second trial and Winslow's guilty pleas.Owens said at trial that none of the five women knew each other, yet their accounts yielded common details and similar physical descriptions of the suspect.Winslow's attorneys told jurors in his first trial that the charged incidents were either consensual sex or never occurred at all.Winslow II grew up in San Diego and attended Patrick Henry and Scripps Ranch high schools before heading to the University of Miami. He played for four NFL teams between 2004 and 2013. 2919

SAN DIEGO (CNS) - An ex-con accused of sexually assaulting a 24-year-old woman in broad daylight on a Mission Beach street pleaded not guilty Thursday to a charge of assault with intent to commit a sex crime. Philemon Shark, 40, who has two prior convictions from Washington state for residential burglary from 2014 and 2015, faces life in prison if convicted, said San Diego County Deputy District Attorney Trisha Amador. Judge Joseph Brannigan set Shark's bail at million and ordered the defendant to have no contact with the alleged victim. Amador said all sexual assaults -- no matter what level -- are ``serious'' and taken ``exceptionally serious'' by the District Attorney's Office. ``I think part of the concern is that when an individual is attacked in broad daylight in an area where they felt safe or did not feel a threat, of course that's added concern, but our office takes all sexual assaults equally as serious,'' the prosecutor said outside court. The attack happened about 8:40 a.m. last Sunday on Bayside Lane near San Jose Lane, just off Mission Boulevard, according to San Diego Police Lt. Jason Weeden. Weeden said the victim was walking south when Shark allegedly approached her from behind, threw her to the ground and held her down while he assaulted her. The woman screamed for help, and several residents forced the man off her, the lieutenant said. When Shark tried to leave, some of the residents followed him but lost track of him, Weeden said. Then, about 45 minutes after the attack, one of the neighbors found Shark hiding in a breezeway. Shark allegedly fled but was apprehended by patrol officers and booked into jail. Weeden said Shark is from the Seattle area and was believed to have been living in San Diego for the last few months. He will be back in court Jan. 8 for a readiness conference and Jan. 10 for a preliminary hearing. 1880

SAN DIEGO (CNS) - Authorities today identified a 19-year-old woman who was fatally shot following a parking lot fight in the Bonita area. Sheriff's deputies responded at 7:40 p.m. Saturday to a report of shooting at an apartment complex in the 5100 block of Cedarwood Road, according to Lt. Thomas Seiver of the Sheriff's Homicide Unit.The initial investigation revealed a fight took place between several women in the parking lot before the victim, identified as Janessa Delvalle, was fatally shot, Seiver said. When deputies arrived, they found people giving her CPR.She was transported to a local hospital, where she was pronounced dead. No arrests have been made and no suspect information was available.Anyone with information is asked to call the Sheriff's Homicide Unit at 858-285-6330 or after hours at 858-565-5200 or to call Crime Stoppers at 888-580-8477. 874

SAN DIEGO (CNS) - A transient who allegedly overpowered a woman in the East Village, dragged her into some bushes and sexually assaulted her before running away pleaded not guilty Tuesday to three felony charges, including assault with intent to commit rape.Gary Ryan Cushinberry, 51, who is on felony probation for robbery and failing to appear in court, was ordered held without bail.Late on the evening of Nov. 5, Cushinberry allegedly grabbed a 26-year-old pedestrian walking by herself in the 400 block of 13th Street, pulled her off the sidewalk and assaulted her before fleeing.Detectives identified Cushinberry -- a recent transplant from Indiana who has been living on the streets of San Diego -- as the alleged perpetrator by means of ``several tips and leads,'' Lt. Jason Weeden said.Cushinberry was arrested last Friday about 6:45 a.m. in the 200 block of 17th Street.When Judge Jay Bloom ordered the defendant to stay away from the alleged victim, Cushinberry said ``I don't know the woman,'' according to Deputy District Attorney Martin Doyle.The prosecutor said Cushinberry has a criminal past from Indiana that is still being looked into.Cushinberry -- who is also charged with two counts of digital penetration by a foreign object, faces 21 years in prison if convicted, Doyle said.A readiness conference was set for Dec. 3 and a preliminary hearing for Dec. 5. 1391

SAN DIEGO (CNS) - Authorities put out a call Tuesday for any additional alleged victims of a mortuary services worker accused of looting a recently deceased Spring Valley man's home, carrying away valuables with a gurney and a body bag.Sammy Willie Gates, 49, allegedly ransacked the 60-year-old man's house late on the night of Aug. 31, about 11 hours after deputies conducting a welfare check found the resident dead of natural causes, according to sheriff's officials.On Sept. 2, one of the victim's relatives reported discovering items, including a firearm and safe, missing from the residence, Sgt. Karen Bloch said. Two days later, the family reported that reviews of surveillance camera footage had revealed that the home of the victim, whose name has not been released, had been burglarized.The video clips showed a man -- later identified by investigators as Gates, owner of independently operated Mortuary Transportation Services -- arriving at the man's house in a white utility van, the sergeant said.Gates allegedly entered the home and exited shortly thereafter with two bags filled with stolen property, then returned with a gurney and an empty body bag that he used to haul away more property.On Sept. 9, detectives from the Rancho San Diego Sheriff's Station served a search warrant at Gates' El Cajon-area home, where the deceased man's safe and gun allegedly were recovered, along with 16 additional firearms, many believed to be war relics dating back to the early 1900s."Two additional safes, multiple personal identifying documents, jewelry, watches, war medals, comic books and several thousand dollars in collectable coins were also recovered from Gates' residence," the sergeant alleged. "A gurney and body bags matching (those seen in) the surveillance video (from) the victim's residence were recovered from Gates' white utility van."Gates was jailed on suspicion of residential burglary and being a felon in possession of a firearm.Since Gates' arrest, detectives have identified five additional victims of similar crimes allegedly committed by the suspect, Bloch alleged.Anyone with information about the case is asked to call San Diego County Crime Stoppers at 888-580-8477 or contact the agency online at sdcrimestoppers.org. Tipsters may remain anonymous and could be eligible for a reward of up to .000. 2346

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